Appellant / Complainant
Faisal Anis
Respondent
La Residentia Developers Pvt. Ltd.
la residentia developers pvt. ltd.
₹32,96,840
Respondent
Legal Issues & Claims Raised
Case Procedural History & Progression Tree
Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.
Complaint Filing & Dispute Registration
Complaint registered under Case ID 0901126003452019 by Faisal Anis against La Residentia Developers Pvt. Ltd. before up_rera.
for delivery of Judgment/Order
The Tribunal dismissed the appeals filed by allottees, ruling that RERA does not have the jurisdiction to adjudicate independent commercial arrangements such as Pre-EMI subvention schemes or assured returns, while upholding the Regulatory Authority's order regarding possession and delay interest.
Final Hearing
The Tribunal heard arguments regarding whether the Regulatory Authority has jurisdiction to address issues concerning 'Pre-EMI' payments under a subvention plan and whether such disputes fall within the ambit of the Real Estate (Regulation and Development) Act, 2016.
Final Hearing
The tribunal granted an adjournment request made on behalf of the appellant's counsel due to illness and rescheduled the hearing for 18.04.2023.
Final Hearing
The Tribunal noted that pleadings have been exchanged and scheduled the appeal for a hearing on February 3, 2023.
Final Hearing
The Tribunal adjourned the appeal upon joint request from the counsels of both parties and scheduled the matter for hearing on 20.12.2022.
Final Hearing
The Tribunal adjourned the matter to 25.11.2022 for hearing after the appellant's counsel requested an adjournment to allow their senior to argue.
Exchange of pleadings
The Tribunal allowed the respondent's adjournment application but imposed a cost of Rs 2000/- payable to the appellant's counsel due to the late filing of the application and unnecessary travel by the appellant's counsel.
Exchange of pleadings
The Tribunal directed the respondent to file a copy of a relevant Supreme Court judgment and scheduled the appeal for further orders on 21.10.2022.
Hearing
The Tribunal directed both parties to exchange a list of dates, events, and cited case law via email at least seven days before the next hearing on 28.07.2022.
Hearing
The Tribunal noted that the respondent had been granted a final opportunity to file a reply to the grounds of appeal during the previous listing.
Hearing
The Tribunal granted an adjournment requested by the respondent due to personal reasons and scheduled the next hearing for April 18, 2022, providing a final opportunity for the respondent to file a reply.
Hearing
The Tribunal granted a 10-day extension to the respondent to file objections due to counsel's illness and directed both parties to upload pleadings to the e-portal before the next hearing on 13.01.2022.
Hearing
The Tribunal condoned a 61-day delay in filing the appeal, noting that the applicant had previously sought a review which was no longer possible due to legislative changes, and directed the respondent to file a reply.
Hearing
The Tribunal adjourned the matter to 07.10.2021 and directed the applicant's counsel to appear in proper dress in future proceedings.
Delay condonation
The Tribunal granted the applicant a 10-day extension to file a better affidavit for condonation of delay and set procedural timelines for service and filing of replies before the next hearing on 19.03.2021.
Tribunal Order #0901126003452019-29-05-2023
The Tribunal dismissed the appeals filed by allottees, ruling that RERA does not have the jurisdiction to adjudicate independent commercial arrangements such as Pre-EMI subvention schemes or assured returns, while upholding the Regulatory Authority's order regarding possession and delay interest.
Tribunal Order #0901126003452019-18-04-2023
The Tribunal heard arguments regarding whether the Regulatory Authority has jurisdiction to address issues concerning 'Pre-EMI' payments under a subvention plan and whether such disputes fall within the ambit of the Real Estate (Regulation and Development) Act, 2016.
Tribunal Order #0901126003452019-21-10-2022
The Tribunal allowed the respondent's adjournment application but imposed a cost of Rs 2000/- payable to the appellant's counsel due to the late filing of the application and unnecessary travel by the appellant's counsel.
Tribunal Order #0901126003452019-07-10-2021
The Tribunal condoned a 61-day delay in filing the appeal, noting that the applicant had previously sought a review which was no longer possible due to legislative changes, and directed the respondent to file a reply.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the appeals filed by allottees, ruling that RERA does not have the jurisdiction to adjudicate independent commercial arrangements such as Pre-EMI subvention schemes or assured returns, while upholding the Regulatory Authority's order regarding possession and delay interest. Awarded in favor of Respondent. Awarded interest rate: MCLR+1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the appeals filed by allottees, ruling that RERA does not have the jurisdiction to adjudicate independent commercial arrangements such as Pre-EMI subvention schemes or assured returns, while upholding the Regulatory Authority's order regarding possession and delay interest.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR+1%
Interest Period
from 01.05.2016 till the date of issuance of demand letter along with OC/CC
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Vivek Kumar Rai
Respondent Advocate(s)
- Harish Pandey
Official RERA Tribunal Orders (4)
The Tribunal dismissed the appeals filed by allottees, ruling that RERA does not have the jurisdiction to adjudicate independent commercial arrangements such as Pre-EMI subvention schemes or assured returns, while upholding the Regulatory Authority's order regarding possession and delay interest.
The Tribunal heard arguments regarding whether the Regulatory Authority has jurisdiction to address issues concerning 'Pre-EMI' payments under a subvention plan and whether such disputes fall within the ambit of the Real Estate (Regulation and Development) Act, 2016.
The Tribunal allowed the respondent's adjournment application but imposed a cost of Rs 2000/- payable to the appellant's counsel due to the late filing of the application and unnecessary travel by the appellant's counsel.
The Tribunal condoned a 61-day delay in filing the appeal, noting that the applicant had previously sought a review which was no longer possible due to legislative changes, and directed the respondent to file a reply.
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